Website Usage Terms and Conditions of La Vie Hotels & Resorts (“La Vie”)
About the Website
The Website is operated by management of La Vie and its authorised agents. Please read these terms and conditions (the “Terms”) carefully.
We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of Terms
By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the La Vie interface.
Copyright and Intellectual Property
The Website, the content and all the related products of La Vie are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by La Vie or its contributors.
La Vie retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
- a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
You may not, without the prior written permission of La Vie and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
- La Vie will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of La Vie make any express or implied representation or warranty about the content or any products or content (including the products or content of La Vie) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
- the accuracy, suitability, or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website).
- costs incurred because of you using the Website, the content or any of the products of La Vie; and
- the content or operation in respect to links which are provided for your convenience.
Limitation of liability
Certain statutory warranties under the the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of the ACL. La Vie does not however give any guarantee or warranties or make any representation with respect to use of the Website outside of these laws.
Subject to claims that may be made under the ACL:
- La Vie is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use the Website.
- La Vie is not liable for disruptions to the Website.
- La Vie is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Website or any Linked Sites. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Termination of Contract
You acknowledge and agree that these Terms and your access to this Website may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. La Vie will not be liable to you or any third party for any termination of your access to the Website
You agree to indemnify La Vie, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Changes to these Terms
We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Website and will cancel and replace any previous version(s). By continuing to use this Website after the posting of such changes, you agree to be bound by the changes.
If you have any concerns about material that appears on the Website, please contact La Vie in accordance with the details set out below.